채권채무부존재확인
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. The reasoning of the court's explanation concerning this case is as follows: (a) the part of Paragraph (3) (2) (2) shall be deleted from the reasoning of the judgment of the court of first instance to the bottom of No. 5-3 to No. 7) among the grounds of the judgment of the court of first instance; and (b) other than the written dismissal as follows, it is identical to the reasoning of the judgment of the court of first instance; and (c) it shall be quoted in accordance with the main sentence of Article 420
A. 1) Whether to cancel the agreement of this case is a separate contract with the content that the parties would have the same effect as that of the parties had not already concluded the contract. In order to cancel the agreement, the requirement is that the agreement of this case is consistent with the opposite expression of intent, such as the offer and acceptance of the contract to terminate the validity of the existing contract, as in the case of the formation of the contract. In order to establish the agreement, the contents of the agreement expressed by both parties must be objectively identical. The agreement can be formed as well as explicitly and implicitly. If the agreement is rescinded for a long time due to the lack or renunciation of both parties' intent to realize the contract after the formation of the contract, it is reasonable to interpret that the contract was implicitly rescinded by the mutual consent of both parties to not realize the contract (see, e.g., Supreme Court Decisions 93Da2836, Aug. 26, 1994; 2004Da37924, Jun. 15, 2007).
Therefore, whether or not the agreement has been explicitly rescinded as asserted by the plaintiff.